Abstract

Prior to its passage, various constituencies of the public called upon the Malawi Government to abandon its obsessive desire to enact the Civil Procedure (Suits by or Against the Government or Public Officers) (Amendment) Bill 2010 (hereafter the ‘Bill’); the call of course fell on deaf ears. Subsequently, and in the wake of the Bill’s approval by legislators (in spite of eloquent cautionary statements from independent minded legislators including my professional senior Mr DH Phoya), select parties have announced their intention to challenge the constitutionality of the Bill. The introduction of this Bill and its approval have ignited the passions of many a Malawian both within and beyond the borders of Malawi. In fact some of the exchanges traded by Malawians on account of the Bill have been nothing short of incendiary.